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Patna High CourtCR. MISC./15988/2021dismissed

Dilip Paswan v. The State Of Bihar

2021-09-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15988 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- DHURAIYA District- Banka ====================================================== DILIP PASWAN Son of Giro Paswan Resident of Village- Chapari, P.S.- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate.

For the Opposite Party/s :

Mr. Panchnand Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-09-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Section 376 of the Indian Penal Code. According to F.I.R., the petitioner allegedly ravished to the informant, who is a mother of a child. Submission is that the medical evidence does not corroborate commission of rape. There is no witness of the occurrence.

Since there is no material to show strong motive for false implication, the victim cannot be disbelieved at this stage. Hence, I am not inclined to enlarge the petitioner on bail in

Patna High Court CR. MISC. No.15988 of 2021(3) dt.22-09-2021 2/2 connection with Dhoraiya P.S. Case No. 234 of 2020. Hence, prayer is refused.

Learned trial Judge is directed to expedite the trial. (Birendra Kumar, J) mantreshwar/- U T